DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
Claims 7-9 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moelker (US Pub. 20100095438).
As per claim 1, Moelker teaches (in figures 1-6) an adjustment device, comprising: a housing (outer sleeve portion 28), provided with a mounting space (area surrounding knob 62) and an inner ring gear (teeth 46); two bands (first and second straps 16 and 18), movably arranged on the housing respectively and fitting with the housing to define a wearing space (see figure 1), each of the bands being provided with a fitting rack (teeth 22 and 26); a knob (knob 62), rotatably mounted inside the mounting space and provided with a first driving portion (cams 72); a ratchet (arms 51) and a gear (pinon 52), the ratchet and the gear rotating synchronously and both rotatably arranged on the knob, the gear meshing with the fitting rack on the two bands to drive the bands to move away from or towards each other (paragraph 16), the ratchet being provided with a swing arm (arms 51) that is provided with ratchet teeth (pawls 64); when the knob rotates in a first direction (counterclockwise), the first driving portion drives the swing arm to move to detach the ratchet teeth from the inner ring gear, and the knob drives the ratchet to rotate (see figure 4 and paragraph 21); and when the knob rotates in a second direction (clockwise) opposite to the first direction, the ratchet teeth fit with the inner ring gear, and the knob drives the ratchet to rotate (see figure 3 and paragraph 19).
As per claim 3, Moelker teaches (in figures 1-6) a fitting protrusion (bosses 68) is arranged on the knob, a fitting groove (inside of arms 51) is arranged on the ratchet, and the fitting protrusion protrudes into the fitting groove to drive the ratchet to rotate (paragraph 19).
As per claim 4, Moelker teaches (in figures 1-6) that each of the bands (first and second straps 16 and 18) is provided with a long hole (elongated slots 20 and 24), the long hole penetrates the band in a thickness direction of the band and extends in a length direction of the band, and the fitting rack (teeth 22 and 26) is arranged on an inner wall of the long hole.
As per claim 6, Moelker teaches (in figures 1-6) that the knob comprises an external rotating portion (outer surface of knob 62) and an internal rotating portion (inner surface of knob 62), the external rotating portion is rotatably arranged inside the mounting space (area surrounding knob 62), the internal rotating portion and the external rotating portion rotate synchronously, a part of the housing (ratchet wheel 44) is clamped between the external rotating portion and the internal rotating portion, and the first driving portion (cams 72) is arranged on the internal rotating portion.
As per claim 10, Moelker teaches (in figures 1-6) a head-mounted device, comprising an adjustment device; the adjustment device, comprising: a housing (outer sleeve portion 28), provided with a mounting space (area surrounding knob 62) and an inner ring gear (teeth 46); two bands (first and second straps 16 and 18), movably arranged on the housing respectively and fitting with the housing to define a wearing space (see figure 1), each of the bands being provided with a fitting rack (teeth 22 and 26); a knob (knob 62), rotatably mounted inside the mounting space and provided with a first driving portion (cams 72); a ratchet (arms 51) and a gear (pinon 52), the ratchet and the gear rotating synchronously and both rotatably arranged on the knob, the gear meshing with the fitting rack on the two bands to drive the bands to move away from or towards each other (paragraph 16), the ratchet being provided with a swing arm (arms 51) that is provided with ratchet teeth (pawls 64); when the knob rotates in a first direction (counterclockwise), the first driving portion drives the swing arm to move to detach the ratchet teeth from the inner ring gear, and the knob drives the ratchet to rotate (see figure 4 and paragraph 21); and when the knob rotates in a second direction (clockwise) opposite to the first direction, the ratchet teeth fit with the inner ring gear, and the knob drives the ratchet to rotate (see figure 3 and paragraph 19).
As per claim 12, Moelker teaches (in figures 1-6) a fitting protrusion (bosses 68) is arranged on the knob, a fitting groove (inside of arms 51) is arranged on the ratchet, and the fitting protrusion protrudes into the fitting groove to drive the ratchet to rotate (paragraph 19).
As per claim 13, Moelker teaches (in figures 1-6) that each of the bands (first and second straps 16 and 18) is provided with a long hole (elongated slots 20 and 24), the long hole penetrates the band in a thickness direction of the band and extends in a length direction of the band, and the fitting rack (teeth 22 and 26) is arranged on an inner wall of the long hole.
As per claim 15, Moelker teaches (in figures 1-6) that the knob comprises an external rotating portion (outer surface of knob 62) and an internal rotating portion (inner surface of knob 62), the external rotating portion is rotatably arranged inside the mounting space (area surrounding knob 62), the internal rotating portion and the external rotating portion rotate synchronously, a part of the housing (ratchet wheel 44) is clamped between the external rotating portion and the internal rotating portion, and the first driving portion (cams 72) is arranged on the internal rotating portion.
As per claim 19, Moelker teaches (in figures 1-6) that the two bands (first and second straps 16 and 18) have the same structure and are overlapped with each other (see figure 1).
As per claim 20, Moelker teaches (in figures 1-6) that the gear (pinon 52) is connected to the two overlapped bands (first and second straps 16 and 18) respectively, and the gear meshes with the fitting rack (teeth 22 and 26) on the band.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Moelker (US Pub. 20100095438) as applied to claims 1 and 10 respectively above and in further view of Egolf et al. (USP 6256798, Egolf).
As per claims 2 and 11, Moelker does not teach that an outer surface of the knob is no higher than an outer surface of the housing.
However, Egolf teaches (in figure 15) forming a knob (knob 7) such that it is recessed into a housing (90) such that an outer surface of the knob is no higher than an outer surface of a housing (see figure 15 and Col. 9 line 60 – Col. 10 line 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moelker such that the knob is recessed within the housing.
The motivation would have been to protect the knob from damage.
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Moelker (US Pub. 20100095438) as applied to claims 1 and 10 respectively above and in further view of Jeong (KR20120005473U, with reference made to provided machine translation)
As per claims 5 and 14, Moelker does not teach that the ratchet is provided with a non-circular assembling hole, the gear is provided with a non-circular fitting post, and the fitting post fits with the assembling hole to cause the gear and the ratchet to rotate synchronously.
However, Jeong teaches (in figure 2) forming a gear (pinion 53) and a ratchet (61-63 and 72) to be non-integral such that the ratchet is provided with a non-circular assembling hole (square hold 62), the gear is provided with a non-circular fitting post (square shaft portion 51), and the fitting post fits with the assembling hole to cause the gear and the ratchet to rotate synchronously.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ratchet and gear in Moelker to be non-integral by forming them to be separate elements and comprising non-circular fitting posts and non-circular assembling hole as suggested by Jeong.
The motivation would have been to allow for either of the ratchet or gear to be replaced in the event of damage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Grim (US Pub. 20100281604) is cited for teaching (in figures 1-8) an adjustment device, comprising: a housing (cover member 82), an inner ring gear (radially-inwardly facing cover teeth 88); two bands (first strap 26 and second strap 28) provided with a fitting rack (lower teeth 32 and upper teeth 34); a knob (dial 90, clutch member 65, and pinion 50 provided with a first driving portion (bumps 98); a ratchet (clutch member 65) and a gear (pinon 50), the ratchet being provided with a swing arm (flexible arms 64) that is provided with ratchet teeth (first and second latch teeth 68 and 70 and ramped surfaces 72); when the knob rotates in a first direction, the first driving portion drives the swing arm to move to detach the ratchet teeth from the inner ring gear, and the knob drives the ratchet to rotate (see figure 7 and paragraph 30); and when the knob rotates in a second direction opposite to the first direction, the ratchet teeth fit with the inner ring gear, and the knob drives the ratchet to rotate (see figure 8 and paragraphs 30-31).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at (571) 272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER P GROSS/Primary Examiner, Art Unit 2871
Prosecution Insights